COLUMBUS, Ohio (WCMH) – A disability advocacy organization has sued the Ohio Department of Behavioral Health, accusing the agency of withholding records tied to alleged abuse and neglect at its facilities, including one in which a patient died.
Disability Rights Ohio filed the lawsuit in the U.S. District Court for the Southern District of Ohio on Oct. 7, demanding access to records related to an investigation it is conducting.
The lawsuit accuses the department of breaking federal and state law by not providing the records. Disability Rights Ohio is the state’s federally designated Protection and Advocacy System, which grants it the authority to investigate incidents of maltreatment against residents with disabilities at treatment facilities.
“While we value and respect the role of the protection and advocacy system, we must exercise our statutory authority carefully to ensure compliance with applicable privacy laws,” the Ohio Department of Behavioral Health said in a statement. “We take seriously our dual role of safeguarding patients’ rights and protecting the public, and our responses to records requests are guided by this balance.”
One incident that Disability Rights Ohio is attempting to investigate is a death at Northcoast Behavioral Healthcare, a state-operated psychiatric facility in Summit County. In November 2024, a patient was found dead with a plastic bag over their face.
The organization received a report in January, claiming that the patient was subject to neglect resulting in their death. Specifically, the report indicated that the patient was able to access a plastic bag, which are generally prohibited at mental health facilities because of suffocation and choking risks, according to the filing.
Sunday Briefing: Ohio midterms take shape; behavioral health concernsIn March, the disability rights group requested records from the facility related to the patient’s death, including a coroner’s report, incident reports, scheduled medical appointments, medication administration records and any video footage related to the incident.
Disability Rights Ohio received the medication administration records and autopsy report, which indicated a 14-minute delay between when the patient was found and when the staff called 911. However, “lifesaving measures began immediately,” the lawsuit notes.
In June, the organization requested internal investigation documents related to the time gap in contacting 911, as well as any corrective actions taken regarding a variety of staff members, such as additional training or discipline.
Legal counsel with the state department responded that it would not provide the records. Over the next couple of months, the organization and department debated the legality of providing the records, with the state agency claiming some of the records are confidential under the law and the request for employee disciplinary measures was vague, the lawsuit states.
Man found shot dead in a Monte Carlo remains a mystery to Columbus policeOn Sept. 23, the department provided a one-page record related to the discipline of an employee. Disability Rights Ohio claims it is still waiting on all other records it requested related to the incident.
The disability rights organization is also investigating two state-licensed facilities serving children with disabilities, where there have been reports of the use of "prohibited chemical restraints,” sexual assault, staff abuse, overreliance on medications that are dangerous to youth, and high suicide rates, according to the lawsuit. The filing does not name the facilities.
On Sept. 9, Disability Rights Ohio requested reports related to the alleged abuse and neglect at the two facilities. The organization received the records on Sept. 26, despite similar requests typically being fulfilled within 24 hours for decades, the filing says.
Because of the delay, the organization claims the video of two incidents is likely gone, as the facility's cameras record over footage every 30 days.
Bluesky enforces age checks in Ohio under new law; many adult sites don’t comply“State-operated and state-licensed facilities are restrictive, isolated settings where some of the most vulnerable individuals with complex behavioral health conditions find themselves locked in without their consent,” said Kerstin Sjoberg, CEO of the nonprofit. “Our ability to comprehensively monitor and investigate these facilities is critical.”
Disability Rights Ohio is asking the court to compel the agency to release the requested records, cover a “reasonable” amount of its attorney fees and “any other relief the court deems appropriate.”
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